Burke v R [2022] NSWCCA 6

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Burke v R [2022] NSWCCA 6 Hearing dates: 17 September 2021 Date of orders: 2 February 2022 Decision date: 02 February 2022 Before: McCallum JA at [1] Walton J at [2] Fullerton J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIME – appeals – appeal against aggregate sentence as manifestly excessive – whether aggregate sentence is unreasonable and unjust – whether indicative sentences for Counts 1, 2, 3, 4, 6, 7, 9, 10 and 12 are excessive relative to the sentences indicated for Count 12 and the Sequence 1 offence – whether findings as to objective seriousness and subjective factors in mitigation resulted in an unjust sentence warranting the Court's intervention Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Chaouk v R [2017] NSWCCA 295 Hall v R [2021] NSWCCA 220 He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95 JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297 Kerr v R [2016] NSWCCA 218 Category: Principal judgment Parties: Mitchell Burke (Applicant) The Crown (Respondent) Representation: Counsel: T Bicanic (Applicant) E Wilkins SC (Crown)

Solicitors: Proctor & Associates (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2015/44399; 2016/218265; 2016/262300 Decision under appeal Court or tribunal: District Court Date of Decision: 6 March 2020 Before: O'Rourke DCJ File Number(s): 2015/44399; 2016/218265; 2016/262300